Postnuptial agreement has been a phenomenon to married couples in Indonesia. Not only it creates a property division like a prenup does, but also doable during the course of your marriage. Yes, you've read it correctly. It does your marriage a property separation even though you're married, and the best part is: you don't have to get divorce just to get a premarital agreement in Indonesia. Sounds good, huh?
What happen if you have a postnup in Indonesia? I'll tell you what. You take full control over your property ownership. It applicable to both Indonesian couples, and mixed-marriage couples. It does good things for people. You don't have to use a nominee and you can use your own name to hold the property. It also good for future property investment. No need a nominee, ever! You can cut him loose. For good. I mean it.
What about the legality? The postnup is going to be the most legal document that you've ever made. It's a total legal solution for your property legal constraints. It's a hassle-free legal instrument. It solves your problem once for all. And you know what? The government institutions in Indonesia recognized the postnup. It's for real! Nevertheless, it takes quite a while i.e. Six months. Yes, good things come to those who wait!
How you do it? All you've got to do is to nominate your spouse, an Indonesian, to hold the property in the matrimony. It means you're giving your rights in the community property. It may not as easy as it sounds, but it's the only way to do it. It's the legal way you do the postnup that separates the property ownership during the course of your marriage. This is the essence of having a postnup for married couples. Now you see why the postnup is legal, then it's time for the married couples to consider the postnup in Indonesia.
I am Asep Wijaya, Managing Director of Wijaya & Co
writing for Wijaya on Postnup. Thank you for reading.
The above is provided for informational purposes only and is NOT to be relied upon as legal advice. This information is not a substitute for the advice of an attorney and should not be construed as a solicitation. No attorney-client relationship is established by use of information found within this article nor in this website.